TOPIC: False allegations of DV etc

False allegations of DV etc 5 years 3 months ago #37985

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Nannyjane wrote: Hi there,

It's shocking that false accusations can be bandied about with no apparent comeback...I think there are many here that can sympathise with you, it appears very common for a party to make serious accusations falsely which when proven to be lies they are not held to account....it is contempt in my opinion.

You might find this link interesting, it concerns the powers of the court to stop vexatious litigants from continuing with needless proceedings.

www.familylawweek.co.uk/site.aspx?i=ed82227

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False allegations of DV etc 5 years 3 months ago #38010

I am not great at understanding all these legal terms..

But having come out of court with serious allegations made against me and there being enough evidence to contradict the evidence had the judge bothered reading the statement and making a judgement for fact find which is his job....

Does this means if the opponent is consistently making flase allegations and is found to be lying..a CRO can be placed to prevent the allegation to be made again?? They have to apply to the court to ask permission for the accusation to be heard..which of course i presume will cost money if no legal aid is available.
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False allegations of DV etc 5 years 3 months ago #38092

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That's the way I read it - it is certainly worth having that bit of legislation to hand in court, and assuming the court dismisses the allegations, then asking about the CRO if they don't mention it themselves.
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False allegations of DV etc 4 years 8 months ago #47302

I have exactly the same thing happened to me. I went to court with all the evidence to contradict the allegations. The judge didnt read it and my barrister read out legislations and past court cases to no avail. The Non Mole was assigned without evidence so we asked that the order be dropped the same way, and the undertaking was rejected too.
The judge stated she didnt have the power and now I have to go back to court. This is costing me thousands just to defend myself from false allocations. I was even accussed of staring at her in court to make her shake with fear...come on

Any advice if worth fighting a non mole ? Appears she can say what she likes as she has public funding to accompany her lies
Any counter claims i can make ?

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False allegations of DV etc 4 years 8 months ago #47552

sometimes it may be beneficial to have false allegations against you. I have seen cases where the judges get annoyed and the result is obviously influenced by it. If the judge dosnt make a finding then it follows that he dosnt take them seriously. all allegations of dv are meant to be dealt with. There is civil recourse for loss or injury from anything so consider that route if you have evidence. its worth noting that whats said in private law is pretty much exempt from further action either criminally or civil. That dosnt mean that if its been used as evidence then it cant be used it just means that anything arising from a hearing such as a statement or admission of guilt of lying or dv would be very unlikely to be allowed to be used as evidence in other civil or criminal matters and would need the judges permission.
.
this is an interesting article on non mol
Domestic Violence & Ex-Parte' Applications: Getting the affidavits right
Byron James, Pupil, 29 Bedford Row
Many practitioners working in family law will come across emergency applications for injunctions under Part IV of the Family Law Act 1996 ("FLA 1996") at the most unexpected and inconvenient times. As time is almost always of the essence in such emergency applications it is hoped that this article will provide the reader with a good reminder of the basic points required for the most important part of the application: the affidavit.
The affidavit provides the basis upon which an ex-parte application is made [1] . The affidavit performs a strange bifurcated role in the proceedings, straddling both fact and law: more is demanded of it than mere story telling.
The drafting of the affidavit therefore requires some skill. The factual element must reflect what the applicant perceives to have happened, preferably in language that they themselves would use. However, it must also be persuasive and meet the requirements of the FLA 1996 (as amended) and the Family Proceeding Rules 1991 ("FPR 1991").
Non-Molestation Orders
Types of molestation
Applications for non-molestation orders need not be restricted solely to acts of violence and are extended to all acts of 'molestation'. There is no statutory definition of what molestation includes so you must look to case law for guidance (C v C [1998] 1 FLR 554; Walton v Johnson[1990] 1 FLR 350) Also helpful is s. 42 (5) FLA 1996 which states that the court will have regard to all the circumstances that go toward securing the health, safety and well being of the applicant, relevant child or any other person that the order is being sought to protect.
There is, therefore, a great deal of discretion afforded to the court in determining what constitutes molestation and, consequently, whether an application should succeed. This should not be troublesome in a case involving clear acts or threats of violence. However, where the molestation complained of is more indirect in its effect on the applicant, success could prove more problematic. For example, if a respondent is handing out leaflets containing marital secrets then there is a real question as to what extent this qualifies as molestation (C v C above). It would normally be argued as molestation in the form of harassment, but there is clearly potential for this to fail. A good rule to bear in mind as part of the drafting is the less actual violence, or direct fettering with the applicant's person, there has been, the more detail will be needed to explain exactly why the order should be granted. The behaviour of the respondent should be clearly defined, causally linked to the applicant's reaction, which should of course be given as much detail as possible too.
The importance of the affidavit in such a situation is that if one is making an application before the 'district judge of the day', as is likely, it will be almost impossible to enter into much by way of oral argument and persuasion. The hard work must be done before the hearing, with a suitably drafted affidavit that can address these potential concerns.
Reasons for making the application ex-parte
It is a requirement of rule 3.8 (5) of the FPR 1991 that a reason must be expressly stated for why the application is being made ex-parte rather than inter-partes. The language of the test set out at s.45 (2), FLA 1996 should be closely used when drafting this paragraph:
"In determining whether to exercise its powers under subsection (1), the court shall have regard to all the circumstances including—
(a) any risk of significant harm to the applicant or a relevant child, attributable to conduct of the respondent, if the order is not made immediately;
(b) whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and
(c) whether there is reason to believe that the respondent is aware of the proceedings but is deliberately evading service and that the applicant or a relevant child will be seriously prejudiced by the delay involved—
(i) where the court is a magistrates' court, in effecting service of proceedings; or
(ii) in any other case, in effecting substituted service."
Therefore if your application cannot be based upon significant harm then it must be clearly stated that either the respondent is likely to evade service if aware of the proceedings, or more likely, that the applicant will be deterred from making the application if it is not done so immediately. The extent to which this is true will depend upon the applicant, but clear reference must be made under at least one of these heads.
Terms of the non-molestation order
A further part of the affidavit that should be given due consideration are the terms of the injunction being sort which can be dealt with in both the FL401 application form and in the body of the affidavit. The provisions of an injunction can be generally put or drafted specifically to cover any act of molestation. See FLA 1996, s 42(6):
"A non-molestation order may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both".
Given the changes to the FLA 1996 made by the Domestic Violence and Criminal Victims Act 2004 ("DVCVA 2004"), it is to be actively encouraged for terms to be drafted in specific form. This is largely to help with enforcement and the fact that most non-molestation orders are now likely to be enforced in a criminal court where the certainty provided by specific drafting could be crucial to a conviction. It is therefore to be encouraged for an injunction to contain provisions protecting chattels, dwellings (independent of occupation orders) and against the thousand different ways in which molestation may manifest.
Duration
A non-molestation order may be made for a specified period or until a further order is made (FLA 1996, s 42(7)). The length of the order will largely depend upon the extent to which the terms of the order affect the respondent. If the order can be broken unwittingly by the respondent in the course of his day to day life then the court will be extremely keen to bring the order back to court as soon as possible. If the order only has an impact upon the respondent if he actively seeks to break it, then the court will be more minded to grant it for a longer, or indefinite, period of time.
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False allegations of DV etc 4 years 4 months ago #56594

Hi.
I am so new to all of this
i have spent the better part of a week figuring out how to get the ball rolling with representing myself and beginning mediation to see the children.

Having just sent a letter to the ex asking for contact and mentioning different access scenarios. She has just told me she has a "case worker" and is claiming domestic abuse.

I dont know what she means about a case worker. Is that social, legal, police? And also, theres never been any violence or abuse, but i have no way to prove that. Just as she has no way to prove that there was. what do i do?

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False allegations of DV etc 4 years 4 months ago #56597

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Hi there

It's probably better if I move this post into its own topic, it will still be in the legal section, is that ok?

I would assume she is talking about social services. If you read the other threads you will see that this is a more common scenario then you would think.

If she is claiming DV then she isn't required to attend mediation. This shouldn't stop you from applying for contact though. It might still be worth going to see a mediator and having a chat about it, although you can just fill in the form yourself and start the ball rolling.

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False allegations of DV etc 4 years 4 months ago #56598

How do i apply for contact without going through mediation?
Im sorry, such a novice.

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False allegations of DV etc 4 years 4 months ago #56600

Same thing with me, my ex got a case worker too after making false claims of DV, they are just scum that believe anything that comes out of the mothers mouth and will even assist them if preventing you/us dads from being involved in our child's life period. My ex's case worker secured my ex with housing in a luxury DV refugee which she told me about and I even went there several times before she decided to cut me off again! Case workers are people that look after DV victims(real and fake) and help them with finance, housing, counselling, education etc. My ex is playing them well and taking everything they have to offer as well as keeping me away with no evidence what so ever. Just the evidence that she reported to the police the day she left me lol and even the police didn't arrest me with that garbage and closed the file as soon as it was opened.

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False allegations of DV etc 4 years 4 months ago #56601

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You will need form C100, there's a section that you can fill in to tell them why mediation hasn't been attended. It costs £215 to submit the application, unless you are on a low income or benefits in which case you can apply for an exemption. You will need form EX160a to do this.

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False allegations of DV etc 4 years 4 months ago #56602

You cant apply for contact without attempted mediation. Just contact your local mediation service(google online) They will attempt to contact your ex to make an appointment, no doubt that will fail. They will give her a few weeks to respond. Then they will fill their part of the C100 form and give to you to start court proceedings. My advise is to tread carefully as the case worker will fill your ex with all kid of bull. They will even tell her to call the police anytime you make contact and they would have advised her to stay away from you. Don't give her anymore ammunition and start gathering evidence if you haven't already

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False allegations of DV etc 4 years 4 months ago #56604

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Where the mother is alleging DV mediation isn't compulsory.

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